[HISTORY: Adopted by the Town Board of the Town of Olive at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted
where applicable.]
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants and the safeguarding of their
material rights against unwarrantable invasion, and in addition, such an environment
is deemed essential to the maintenance and continued development of the economy
of the town and the general welfare of its citizens. It is further declared
that the unrestrained accumulation of junk motor vehicles and other junk is
a hazard to such health, safety and welfare of the citizens of the town, necessitating
the regulation, restraint and elimination thereof. At the same time, it is
recognized that the maintenance of junkyards is a useful and necessary business,
as regulated herein.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
An area of land, with or without buildings, used for the storage,
outside of a completely enclosed building, of used and discarded materials,
including, but not limited to, waste paper, rags, metal, building materials,
house furnishings, machinery, vehicles, or parts thereof, with or without
the dismantling, processing, salvage, sale or other use or disposition of
the same. The deposit or storage on a lot of three or more wrecked or broken
vehicles, or the major parts of more than two such vehicles, shall be deemed
to make the lot a junkyard.
All vehicles propelled or drawn by power other than muscular power.
For the purpose of this chapter, where the occupant of the property
cannot show a valid registration for any period during the preceding 12 months
for a vehicle in question, that fact may be admitted as prima facie evidence
that the vehicle is no longer intended for legal use on the highway.
No person shall operate, establish or maintain a junkyard until he has:
A.
An application for license and the certificate of approved
location shall be made in triplicate to the Town Clerk, upon forms to be furnished
by the Clerk. The application shall be accompanied by a certificate from the
Zoning Board of Appeals that the proposed location is not within an established
district restricted against such uses or otherwise contrary to the prohibitions
of such zoning. The application shall contain a description of the land to
be included within the junkyard, the name and address of the owner of the
premises, the name and address of the applicant and the nature and extent
of his interest in the business for which a license is desired and any other
information required by the Town Board.
B.
Such application shall be accompanied by an investigation
fee to be determined by the Town Clerk, which shall cover the required investigation;
and whether or not a license is issued, such investigation fee shall be retained
by the town. The town, in addition to the investigation fee, may assess the
applicant with the costs of advertising such application and such other reasonable
costs incident to the hearing as are clearly attributable thereto and may
make the license conditional upon payment of same.
C.
The Town Clerk shall refer such application to the Town
Board prior to its next regularly scheduled meeting. No license shall be issued
without the approval of the Town Board and payment of the license fee.
A hearing on the application shall be set by the Town Board at their
next regular Town Board meeting after the application was made. Notice of
the hearing shall be given to the applicant by mail, postage prepaid, to the
address given in the application and shall be published once in the official
newspaper as designated by the town, which publication shall be not less than
seven days before the date of the hearing.
At the time and place set for hearing, the Town Board shall hear the
applicant and all other persons wishing to be heard on the application for
a license to operate, establish or maintain the junkyard. In considering such
application, it shall take into account the suitability of the applicant with
reference to his ability to comply with the fencing requirements or other
reasonable regulations concerning the proposed junkyard, to any record of
convictions for any type of larceny or receiving of stolen goods and to any
other matter within the purposes of this chapter.
At the time and place set for the hearing, the Town Board shall hear
the applicant and all other persons wishing to be heard on the application
for certificate of approval for the location of the junkyard. In passing upon
same, it shall take into account, after proof of legal ownership or right
to such use of the property for the license period by the applicant, the nature
and development of surrounding property, such as the proximity of churches,
schools, hospitals, public buildings or other places of public gathering;
and whether or not the proposed location can be reasonably protected from
affecting the public health and safety by reason of offensive or unhealthy
odors or smoke, or of other causes.
At the hearing regarding location of the junkyard, the Town Board may
also take into account the clean, wholesome and attractive environment which
has been declared to be of vital importance to the continued general welfare
of its citizens by considering whether or not the proposed location can be
reasonably protected from having an unfavorable effect thereon. In this connection,
the Town Board may consider collectively the type of road servicing the junkyard
or from which the junkyard may be seen, the natural or artificial barriers
protecting the junkyard from view, the proximity of the proposed junkyard
to established residential and recreational areas or main access routes thereto,
as well as the reasonable availability of other suitable sites for the junkyard.
After hearing, the Town Board shall make a finding as to whether or
not the application should be granted, giving notice of its finding to the
applicant by mail, postage prepaid, to the address given on the application.
If approved, the license, including the certificate of approved location,
shall be forthwith issued, to remain in effect until the following December
31. Approval shall be personal to the applicant and not assignable. The license
shall be renewed thereafter upon payment of the annual license fee without
hearing, provided that all provisions of this chapter are complied with during
the license period, the junkyard does not become a public nuisance under the
common law and the applicant is not convicted of any type of larceny or the
receiving of stolen goods. The determination of the Town Board may be reviewed
under Article 78 of the Civil Practice Law and Rules. Such license shall always
be on display in the office of the junkyard.
The annual license fee shall be five hundred dollars and subject to
change by Town Board resolution, to be paid at the time when the application
is made and annually thereafter in the event of renewal.
A.
Before use, a new junkyard shall be completely surrounded
with a fence at least eight feet in height, which substantially screens, and
with a suitable gate which shall be closed and locked, except during the working
hours of such junkyard or when the applicant or his agent shall be within.
Such fence shall be erected no nearer than 50 feet to a public highway and
25 feet from the other property lines. Materials stored or deposited by the
applicant shall be kept within the enclosure of the junkyard, except as removal
shall be necessary for the transportation of same in the reasonable course
of the business. All dismantling or other work shall be done within the enclosure.
B.
Where the topography, natural growth of timber or other
considerations accomplish the purposes of this chapter in whole or in part,
the fencing requirements hereunder may be reduced by the Town Board upon granting
the license; provided, however, that such natural barrier conforms to the
purposes of this chapter.
C.
The height of material stored within the fenced area
shall not be greater than one foot less than the height of the fence.
D.
Use of the junkyard for the dumping of garbage or refuse
shall not be permitted.
There shall be maintained in each junkyard at least two approved fire
extinguishers.
For the purposes of this section, the location of junkyards already
established shall be considered approved by the Town Board and the owner thereof
deemed suitable for the issuance of a license. Within 60 days from the passage
of this section, however, the owner shall furnish the Town Board the information
as to location which is required in an application, and the Town Board shall
issue him a license valid until the next December 31, at which time such owner
may apply for renewal as herein provided.
Notwithstanding any of the foregoing provisions of this chapter, no
junkyard, hereafter established, shall be licensed to operate if such junkyard
or any part thereof shall be within 500 feet of a church, school, hospital,
public building or place of public assembly.
A.
Every junkyard shall be under the management of the licensee,
who must be of good reputation and character and who shall manage such junkyard
from an office located on the premises.
B.
It shall be the duty of the licensee of any such junkyard
to:
(1)
Operate and maintain the junkyard in such a manner as
to prevent the creation of fire hazards of any kind.
(2)
Take such other measures as shall be deemed necessary
by the Town Board to preserve the health, comfort and safety of all persons
doing business at the junkyard and of the general public.
(3)
Prevent committing of any nuisance at the junkyard and
to report immediately to the proper authorities all acts of a disorderly character
created by any person at the junkyard and to that end to maintain proper policing
thereof.
The Town Board of the Town of Olive shall be the governing board and
is hereby authorized to conduct the investigation and hearings on any application
for a license herein. The Town Board shall set the date, time and place of
the hearings.
A.
The Town Board shall refer any violations of this chapter
to the proper law enforcement authorities for prosecution.
B.
The owner or licensee of any such junkyard who commits
any acts in violation of any of the provisions of this chapter shall be liable
for any such violation and for the penalty therefor. Each day such violation
shall continue or be permitted to exist shall constitute a separate violation.
Any person violating any of the provisions of this chapter shall be
guilty of an offense and, upon conviction, shall be punishable as follows:
A.
First offense: a fine of not more than $250 or imprisonment
for not more than 15 days, or both such fine and imprisonment.
B.
Second offense: $500 or imprisonment for not more than
30 days, or both such fine and imprisonment.
C.
Third offense: said condition shall be corrected by the
town at the expense of the property owner and, if not paid, shall be added
to the taxes on said property. The work shall be done by a person selected
by the Town Board.
